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Judgment
The present writ petition has been filed under Article
226 of the Constitution of India, praying that the services
rendered by the petitioner in rural / urban area be considered as
three years experience in rural area to enable the petitioner to
participate in the counselling for admission to Post Graduation
Course.
Briefly stated, the petitioner was appointed as Medical
Officer on 19.9.2008 upon the recommendation made by
Rajasthan Public Service Commission. The petitioner was initially
posted at Community Health Center, Pander, District Bhilwara
situated in rural area. Till 27.10.2009, the petitioner discharged
his duties at Pander, Bhilwara, which is a rural area. On
27.10.2009, the petitioner was transferred from Community
Health Center, Pander, Bhilwara to Community Health Center,
Pipalu, District Tonk, against the vacant post.
It is averred by the petitioner that on 4.11.2010, the
State Government transferred the petitioner from Community
Health Center Pipalu, District Tonk to Community Health Center,
Malpura, Tonk against the vacant post of Medical Officer.
A grievance has been made that the petitioner never
made a request that he be posted at Community Health Center,
Malpura, Tonk. Therefore, even though Malpura, Tonk is an urban
area, same be considered as rural area so far grant of admission
to the petitioner to Post Graduation Course as In-service candidate
is concerned.
It may be noted here that three years'' service in rural
area as Medical Officer is pre-requisite for In-service candidate for
grant of admission in a Post Graduation Course. Admittedly, as on
today, the petitioner has not rendered three years rural service.
Merely because the petitioner by the Government was posted in
urban area, in itself is not sufficient to hold that the petitioner has
completed three years service in rural area. The petitioner having
enjoyed posting at urban area cannot say that his services in
urban area be construed as service in rural area.
At this stage, the learned counsel for the petitioner has
contended that against his posting in urban area, he had filed a
representation but the same was not decided.
Mere filing of the representation is not sufficient. The
petitioner had not followed the representation in right earnest and
had not approached this court at that stage.
In view of above, the present writ petition being devoid
of merit is dismissed.
Upon dismissal of the writ petition, the stay application
does not survive and the same also stands dismissed.